News & Analysis as of

Reversible Error Obviousness

Smart & Biggar

Federal Court of Appeal confirms obviousness finding in section 8 bortezomib action against Teva

Smart & Biggar on

As previously reported, the Federal Court granted Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva’s bortezomib product (Janssen markets bortezomib as...more

Knobbe Martens

Publication Shelved in Publicly Accessible Library Was Accessible to the Public and Therefore Available as Prior Art

Knobbe Martens on

TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION - Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary:  Publications shelved in publicly accessible libraries may be publicly...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug Velcade®, thus extending the life of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Issues Second Reversal in an Inter Partes Review Finding the PTAB’s Obviousness Analysis to Contain “Legal Errors”...

On November 3, 2015, the Federal Circuit issued Belden Inc. v. Berk-Tek LLC1, a rare precedential opinion reversing a determination by the Patent Trial and Appeal Board (PTAB) in an inter partes review proceeding. This is...more

BakerHostetler

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

BakerHostetler on

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

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